So, a car pulled out and crashed into you? In this stressful situation, one of the first questions that springs to mind is “who is to blame?” While the answer depends on the scenario, typically, the person who pulled out is 100% at-fault. However, this may not always be the case.
Who or what caused a crash is not always clear. Determining and assigning liability can be essential in these cases. A car accident lawyer can provide support and advocacy throughout the pendency of your claim, fighting for fair compensation and justice.
Common Accidents When a Driver Negligently Pulls Out in Front of You
Common locations where a diver may pull out in front of another car include intersections and pulling out of driveway accidents. However, these collisions also occur in parking lots and between lanes of traffic. Anytime a driver moves in front of another vehicle in an unsafe manner or contrary to traffic rules, they risk causing an accident.
Some common types of collisions that occur from pull outs include:
- Broadside Crash: Also called a T-Bone, this occurs when the front of one car collides with the side of another. When someone pulls out in front of another car at an intersection, for instance, these types of crashes are likely to occur.
- Rear-End Collision: A rear-end accident happens when the front of one car hits the back of another. If a car turns in front of another, or cuts them off in traffic, a rear-end crash can happen.
- Sideswipe Accident: A sideswipe is when the sides of two cars hit one another. If a car pulls out in front of another, and the drivers try to avoid crashing by swerving, a sideswipe might occur.
- Runoff: A runoff happens when a car drives off the road. If a driver pulls out, the other driver may run off the road in an attempt to avoid a collision.
Even in low-impact car accidents it’s essential to take steps to secure your legal rights. Compensation for damages and injuries is crucial even in seemingly minor cases. Failing to report a car accident can have serious consequences if you later learn that you have a claim.
Who Is At-Fault When Someone Pulls Out in Front of You?
In a majority of cases, the driver that pulled out is at-fault. However, this is not always the case. The parties may share liability or even a third-party may be to blame.
For instance, if faulty brakes were the cause of the accident the manufacturer or mechanic may be liable. On the other hand, if your car is poorly maintained, partially causing the crash, you may also share liability.
Taking steps to securing your car accident rights is crucial after another driver pulls out in front of you. Documenting the accident scene, seeking prompt medical attention, and contacting a personal injury lawyer can be essential to ensuring you recover compensation.
Determining Fault: Factors to Consider
Determining causation is the key to determining fault. Some factors that may be considered when making this determination include:
- Right of Way Laws: Traffic laws dictate the scenarios in which drivers have the right of way or should yield it. This includes rules like yielding to the left in a roundabout or the first-come/first-to-proceed at a four-way stop.
- Driver Behavior: Reckless behaviors like speeding, swerving, distracted or intoxicated driving.
- Traffic Signals and Signs: Traffic signs like stop signs, yield signs, speed limits, traffic lights, and other signage that dictates the flow of traffic and right of way.
- Road Conditions: Low visibility, slick, icy, snow-covered roads, and the speed at which the vehicle was traveling in these conditions.
Additionally, fault may be determined by car accident damage and other evidence like surveillance footage, photos, witness statements, police report, or an accident reconstruction. By evaluating these factors and other evidence, insurance companies can determine negligence and assign fault after a car accident.
When You May Not Be At-Fault
If someone pulls out in front of you, you may not be at-fault if you were following the rules of the road. This means that if you were attentively driving and obeying traffic laws, you are probably not to blame. If, however, you were speeding, distracted, or failed to obey traffic signals, you could also be at-fault.
In general, the other driver may be liable if they were:
- Driving distracted
- Failed to yield to oncoming traffic
- Driving intoxicated
- Cutting off traffic
- Failed to use a turn signal
Reckless, aggressive, and other negligent behaviors on the part of the other driver can place the blame for the crash on their shoulders.
Legal Implications and Next Steps
Pennsylvania is a “choice no fault state.” This means that when drivers get their insurance policy, they can choose full tort or limited tort coverage. Under full tort, drivers have a right to sue an at-fault driver for damages. If they choose limited tort, they can only sue in certain circumstances. Therefore, ascertaining the cause of the crash can be critical to maximizing compensation.
If you’ve been involved in a pull out crash, you will want to take quick action. Your lawyer can manage your claim, determining what occurred and building a case.
Additionally, your attorney can evaluate your damages and the amount of compensation you may be owed. After a crash, you may be able to recover for economic losses and non-economic losses, including:
- Medical Expenses
- Property Damage
- Recover Lost Wages After a Car Accident
- Pain and Suffering
- Loss of Consortium
- Emotional Distress
- Punitive Damages
If the fault is unclear, these cases can become complex. Experienced and skilled legal help can be crucial to ensuring you recover the compensation you deserve.
Contact a Lawyer from The Law Offices of Greg Prosmushkin, P.C. Today
Another driver pulling out in front of you can have frightening implications. A totaled car, serious injuries, and the uncertainty that follows often leaves victims overwhelmed and emotional. Legal guidance can provide peace of mind.
If you need assistance fighting the insurance company after a car accident the team at The Law Offices of Greg Prosmushkin, P.C. can help. Contact us today for a free case evaluation.